UK Passport Office CCJ Threat

[helmbarrie]

Re: UK Passport Office CCJ Threat

My daughter now has a date ( 19 August) for a hearing to have the judgement set aside. This will be at the Lambeth County Court. I am thinking of travelling to London to support her. However it is 200 miles away from where I live. I wondered if you had any information on the what happens at the hearing.

[Amethyst]

Re: UK Passport Office CCJ Threat

That is good news. I'll make sure you have access to a more private area - if you have a look at Rebecca Smith's thread, she has been through the set aside process and hearing - it was very much an in and out 5 minute affair, the Judge having made their minds up before the hearing - it probably helped that the claimant didn't attend.

http://www.legalbeagles.info/forums/...-on-6th-August

[Amethyst]

Re: UK Passport Office CCJ Threat

Are you still set for tomorrow?

[helmbarrie]

Re: UK Passport Office CCJ Threat

Yes indeed, my daughter accompanied by my wife will be at Lambeth Court tomorrow for the set aside hearing. She will take proof that she was not in the UK when the CCJ was granted and that she had informed BPS that she was in the USA from August 2014. She was living until late December 2014. She will state that should the summons have been redirected to her home address she would have responded and entered a defence.

I understand that a further hearing will be set should the set aside be successful.

Thank you for your help with this.

I will post the result of the hearing tomorrow.

Regards

Helmbarrie

[EXC]

Re: UK Passport Office CCJ Threat

Good luck, though you shouldn't need it.

[Amethyst]

Re: UK Passport Office CCJ Threat

Yes once you have the set aside, the case will continue as if you were just at the stage of submitting your defence, which will likely then go on to a hearing in another couple of months time. Although if you can argue the case to have it dismissed there and then that would be ideal. I'm not sure if you put in a draft defence or anything with your set aside application, if not then you probably wouldn't be able to argue the case there and then anyway.

Of course there have now been over 20 cases heard at court, and every single one has been won by the consumer, so things are on your side.

These are a few of them ( just if you feel you need to encourage the judge to set aside the default judgment if she/he isn't going your way with the address argument)

UK Services & Support Ltd v Ivan Barker - Kings Lynn - A4QZ83C3
UK Services & Support Ltd v Alex Yates - Cambridge - B7QZ6275
UK Services & Support Ltd v David Vaughan - Pontypridd - A4QZ57C3
UK Services & Support Ltd v Chris Parkinson - Weston Super Mare - B3ZQ2336
UK Services & Support Ltd v Ethan Wainwright - Barnsley - B4QZ8135
UK Services & Support Ltd v Karen Powell - Bristol - B2QZ182E
UK Services & Support Ltd v Dominic Ogden - Reading - B1QZ778D
UK Services & Support Ltd v Dawn Woodland - Taunton - B3QZ466G
UK Services & Support Ltd v Marianne Bainvel - Cheltenham - B9QZ842F
UK Services & Support Ltd v Paul Mills - St albans - B8QZ8905
UK Services & Support Ltd v Martin Wyatt - Bristol - B2QZ137E
UK Services & Support v Laura Chapman - Manchester - B8QZ317K
UK Services & Support v Kim Russell - Croydon - B6QZ9976
UK Services & Support v Amy Fensome - B3QZ490G
UK Services & Support v Amanda Dearden - Stockport - B0QZ642F
UK Services & Support v Sharon Bell - South Sheilds B8QZ4628

[helmbarrie]

Re: UK Passport Office CCJ Threat

Thank you for the list of successful Court cases. Most helpful to have this for the hearing in case it is needed.

Regards

Helmbarrie

[helmbarrie]

Re: UK Passport Office CCJ Threat

My daughter has just rung me to tell me she has been successful in getting the judgement set aside. The hearing was very quick and she did not think to ask what happens next. Will BPS now have to reapply to have a judgement made? Will the Court automatically set a date for the hearing?

Regards

Helmbarrie

[EXC]

Re: UK Passport Office CCJ Threat

My daughter has just rung me to tell me she has been successful in getting the judgement set aside. The hearing was very quick and she did not think to ask what happens next. Will BPS now have to reapply to have a judgement made? Will the Court automatically set a date for the hearing?

Regards

Helmbarrie

Well done.

I think you just wait for directions from the court but [MENTION=6]Amethyst[/MENTION] will know.

[Amethyst]

Re: UK Passport Office CCJ Threat

Ah super, well done to you daughter She should get an order from the court which will tell her to submit a defence to the original claim and then it will continue as a normal case ( and when she wins the full case she'll get back the set aside fee). If she doesn't have the order in 7 days give the court a call and ask them. The CCJ should be removed from her credit file automatically but can take a month or so.

[helmbarrie]

Re: UK Passport Office CCJ Threat

Thanks for that. I will post when we have the date for the hearing. I think I will go along with her this time. She found the short hearing quite stressful. The judge said that he would set aside the CCJ since he complainant was not present but said that no longer living the address the complainant had was not an excuse, apparently she should have informed the complainant of her new address.

Regards

Helmbarrie

[Amethyst]

Re: UK Passport Office CCJ Threat

Yep setting aside a CCJ is often harder than it would be defending the claim.

We'll need to work on her defence and witness statement for the case from hereonin, do you want to start a new thread in the VIP BPS section (you should have access already) http://www.legalbeagles.info/forums/...sport-Services - and we can make a satrt once you get the order from the court - will need to know what already went in, but I think it was simply the address issue stuff rather than a defence against the claim ? - you should also be able to read through some of the already concluded cases, might help put your daughter's mind at rest too for what is to come.

[helmbarrie]

Re: UK Passport Office CCJ Threat

Thanks for this Amethyst. I will right now start a new thread in the VIP section.


Regards

Helmbarrie

[helmbarrie]

Re: UK Passport Office CCJ Threat

Hi Amethyst

I attach the letter that my daughter has now received from the Court. Whilst it states that the judgement is set aside there is no mention of another hearing to present a defence. Getting through to Lambeth Court is proving very difficult. I would like to try and get back the £155 that it cost to get the order set aside.

Regards

Peter Charnley

[EXC]

Re: UK Passport Office CCJ Threat

I'll give [MENTION=6]Amethyst[/MENTION] a shout.